Boston, MA
Criminal defense Lawyer at Boston, MA
Practice Areas: Criminal Defense
OUTCOME: Dismissed
A disagreement with her husband led to a young professional being charged with A&B. The husband told the police that he did not wish to pursue any charges against his wife; nevertheless, the police cha ... rged the wife with A&B. They hired Attorney Fasoldt to represent the wife. The case was dismissed on the next court date
OUTCOME: Pretrial Probation, Case to be Dismissed, No Admission
A 23-year-old mechanic was charged with Leaving the scene of an accident after allegedly backing into a car in a parking lot and driving away. With no record, the prosecutor agreed to a Pretrial Probat ... ion, which means the case will be dismissed in 6 months if he does not get into anymore trouble
OUTCOME: Dismissed
One night Mr. V. and his wife fought. The fight turned ugly. The police arrived. Mr. V's wife told police that her husband punched her and threatened to kill her if he called the police. Mr. V was arre ... sted and charged with assault and battery and witness intimidation. Under Massachusetts law a husband/wife cannot be compelled to testify against their spouse - that is known as the "Marital Privilege." At the second court date Mr. V's wife invoked her marital privilege. In this case, no evidence existed beyond the testimony of the wife - the police cannot testify as to what the wife told them; that is inadmissible hearsay. With no evidence remaining, the case was dismissed.
OUTCOME: Case Dismissed
Mr. B, a 20-year-old chef, was in the car with his friend late at night, driving. The local police pulled him over for having a defective license plate light. While Mr. B gathered his license and regis ... tration, the officer smelled an odor of “fresh marijuana.” Upon detecting this odor the officer requested that Mr. B and his passenger get out of the car. They complied. The officer and his partner searched the car; they found several small plastic bags containing marijuana and a black digital scale. Mr. B made no incriminating statements. Mr. B was charged with Possession w/ Intent to Distribute a Class D Drug, to wit Marijuana. Henry filed a Motion to Suppress the evidence, arguing that the mere odor of Marijuana – be it fresh or burnt – was not enough to justify ordering the occupants out of the car; nor was it sufficient to justify the subsequent search. Henry relied on the recent Massachusetts Supreme Judicial Court case of Commonwealth v. Cruz, 459 Mass. 459 (2011). The judge agreed. The Motion to Suppress was allowed. The evidence was suppressed. The case was dismissed.
OUTCOME: Pretrial Probation, Case to be Dismissed, No Admission
Mr. M, a 21-year-old skateboarder, was intoxicated and looking to go to a specific house party. Unfortunately, he went to the wrong house. In his stupor, he broke a porch light and tried to open the do ... or to the house. The owner called police, came outside, and held Mr. M on the ground. Mr. M was unaware of what he had done. It was clear that Mr. M had issues with alcohol. As part of his conditions of release he was required to attend AA meetings everyday. Mr. M showed a lot of remorse and made it clear that he wanted to pay back the value of the light that was damaged. The prosecutor recognized that Mr. M's issue was not one of criminality but one of alcoholism. She agreed to place Mr. M on pretrial probation for one year with the conditions that he remain alcohol-free and pay restitution to the owner of the home.
OUTCOME: Petition Allowed, Judge reversed the RMV's finding
Mr. Q is a commercial truck driver. Several months ago he was sleeping in his truck in a private parking lot. The police pulled him out of his truck and arrested him for OUI. At the police station Mr. ... Q refused the chemical breath test. Under Massachusetts law, refusing a breath test results in a 6-month suspension of the regular driver's license and a 1-year suspension of the commercial driver's license (CDL). The prosecutors dismissed the OUI case, and the 6-month suspension was lifted, but, unfortunately, the CDL suspension remained. In an effort to get Mr. Q's license back we appealed the Chemical Test Refusal (CTR) at the RMV. The RMV denied the appeal. We then "petitioned" the District Court, asking the judge to reverse the RMV's ruling. The basis for our petition was that the police did not have probable cause to arrest Mr. Q because he was not parked in a "public way." The judge agreed and reversed the RMV's decision. Now, it is on the record that the CTR suspension should not have been entered in the first place; therefore, his CDL should be reinstated.
OUTCOME: Dismissed
This was a case that never should have been brought in the first place. My client and his wife had a disagreement in their apartment about one of their children and an upcoming birthday party. The disa ... greement turned heated and my client threw the TV remote and kicked the TV stand. He also shook his hands in the air as he yelled. He did not touch his wife nor did he threaten to harm her. Nevertheless, the police showed up. Out of an abundance of caution my client was arrested and charged with assault. My client's wife, although shaken from the fight, did not want her husband to be charged. In fact, she came to court and stated on the record that she did not wish to testify against her husband. The case was subsequently dismissed.
OUTCOME: Dismissed, Dismissed, CWOF, CWOF
This was a case of a domestic dispute turned ugly, then getting way out-of-hand. A concerned neighbor called the police after hearing a loud screaming match. The police arrived and determined that ther ... e was no physical abuse, so they left without charging anyone with any crimes. Six days after the fight, client, a 42-year-old IT consultant, was charged with a number of crimes, including allegations of Kidnapping and Witness Intimidation - very serious felonies. It turned out that his girlfriend had gone to the police again and changed her story. She told the police that my client had held her against her will, taken her phone, beat her and threatened to kill her. My client, by this point, had gone back to his home state. We were able to bring the client back to court on his own to answer to the charges; he was then allowed to return home while the case was pending. After several months of legal wrangling, the government agreed to drop the felony charges in exchange for my client's admission to the Assault and Battery and Threats charges.
OUTCOME: Dismissed
Mr. D was stopped by police after he was seen walking out of a building in a "high-crime area" in downtown Holyoke. The officers asked him what he was doing. Mr. D replied that he was just visiting a f ... riend. Mr. D was holding his right hand in a fist - the police asked him to open his hand. When he did it revealed two plastic baggies, one containing Heroin, the other Cocaine. Mr. D was charged with Possession of Class A and B substances. A Motion to Suppress was filed based on the officers' lack of reasonable suspicion to stop Mr. D. The motion was allowed and the case was dismissed.
OUTCOME: Pretrial Probation - charges to be dismissed after 6 months
Client, a 20-year-old mechanic/musician, was arrested, along with 4 other young guys, for vandalizing a local school. Specifically, they were accused of throwing toilet paper on the trees and school bu ... ses as well as locking the school doors with bicycle locks. After being held in jail for six days, we were able to get him released. On the next court date the prosecutor agreed to place my client and the co-defendants on Pretrial Probation (PTP). Under the terms of the PTP, my client must perform 40 hours of community service and not get into trouble for 6 months. So long as he complies the case will be dismissed.
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